The tort/contract boundary: great divide or grand illusion

This thesis considers the difference between contract and the tort of negligence. It compares the traditional view of the distinction with a more contemporary view, and concludes that the two areas of law are becoming interrelated. Three main aspects of contract and tort are compared; the nature of the liability, the scope of the liability and the extent of the remedy. The historical origins of the two areas of law are explored, as are the ideological concepts which underpin them. There is also an investigation of how the courts in the UK deal with the relationship between contract and tort in both contracts for services and contracts of service; these being two areas where there is a considerable overlap between contractual and tortious liability. The thesis argues that contract and the tort of negligence are based on common historical roots and underpinned by common ideologies. In both cases, the courts seek to decide liability on the basis of 'reasonableness', a subjective concept which is determined according to their own criteria. This is seen as related to such factors as the bargaining power of the litigants, and their opportunities to secure alternative means of protection against liability. It is suggested that this is more important than whether the action is brought in contract or tort. The nature of the contract/tort divide is considered in the alternative jurisdiction of New Zealand, in order to see how it deals with the problems posed. The thesis concludes by considering whether an alternative model could be constructed in order to explain the current nature of the relationship between contract and tort, and what type of relationship should exist

Reproductive Allocation and Survival in Grasshoppers: Effects of Resource Availability, Grasshopper Density, and Parasitism

A major challenge in ecology is to understand intraspecific variation in life histories. Variation in resource availability can lead to differences in reproductive allocation and life histories. Grasshoppers are a good organism for the study of variation in life histories, since they exhibit life history plasticity in response to biotic and environmental factors. An optimality model for grasshoppers was developed that predicts optimal total allocation to reproduction and optimal effort-per-offspring as functions of resource availability and mortality. Relative allocation to reproduction is predicted to increase with resource availability, while relative allocation to survival declines. A resource-based trade-off between egg size and number does not exist, as optimal egg size is predicted to be independent of resource intake. I examined if changes in reproductive allocation and survival of Melanoplus sanguinipes (Fabricus) under a range of resource availabilities fit the predictions of the model. The patterns of reproductive allocation and survival in the field were in qualitative agreement with the predictions. I examined the importance of density, resources, and parasitism on the life history patterns of grasshoppers. I conducted an experiment to examine if differences in reproductive allocation of M. sanguinipes are primarily explained by exploitative competition. Per capita resource availability explained a significant amount of the variation in reproduction , as expected with exploitative competition. M. sanguinpes grasshoppers appeared to trade off resource allocation to reproduction for that of allocation to survival, because per capita resource availability did not affect survival. Careful examinations of changes in life history characteristics in response to parasitism are lacking, despite the fact that parasites often influence resource availability for the host. I investigated the effects of a grasshopper ectoparasitic mite on grasshopper reproduction and survival. Mites had small effects on grasshopper survival. As predicted, both species had reduced initial and total reproduction, and completed development of a lower percentage of ovarioles initiated when parasitized. These experiments act to expand our knowledge of life history theory and further our understanding of grasshopper life history variation and population fluctuations

Arthurian Elements in \u3ci\u3eThe Hideous Strength\u3c/i\u3e

“A look at the specifically Arthurian inspirations behind parts of [That Hideous Strength] [...] how Lewis diverged from the traditional sources in crafting his tale, and what he did with them.

Explaining the persistence of racial gaps in schooling in South Africa

This paper analyses the large racial differences in progress through secondary school in South Africa using recently collected longitudinal data. Following the progress of students who were enrolled in Grades 8 and 9 in 2002 in the Cape Area Panel Study, we document large differences in the probability of grade advancement between white, coloured, and African youth. Probit regressions indicate that grade advancement between 2002 and 2005 is strongly associated with household income and with respondents’ scores on a baseline literacy and numeracy test. We fully explain the white and coloured advantage over Africans in progress through school when we control for baseline test scores, previous grades failed, and per capita household income. The results suggest that the early disadvantage of African secondary students is a major factor driving poor progress through secondary school, with continued racial gaps in grade progression contributing to persistent racial gaps in ultimate schooling attainment. These key results do not change when we re-estimate these equations separately by race and conduct our statistical tests across these equations or even when we conduct post-estimation counterfactual simulations or propensity score matching. As a final check we add a set of school specific factors to the probit regressions by race. These factors are not statistically significant in the models; their introduction only marginally reduces the importance of the baseline test scores and previous grades failed and they are not important in the counterfactual analysis. All in all the paper provides very strong evidence that knowledge accumulated by Grade 8 or 9 is a critical determinant of progress through secondary school and that the equalizing of secondary school quality is unlikely to eliminate racial gaps in grade progression without improvements at earlier grades

Technology review of thermal forming techniques for use in composite component manufacture

There is a growing demand for composites to be utilised in the production of large-scale components within the aerospace industry. In particular the demand to increase production rates indicates that traditional manual methods are no longer sufficient, and automated solutions must be sought. This typically leads to automated forming processes where there are a limited number of effective options. The need for forming typically arises from the inability of layup methods to produce complex geometries of structural components. This paper reviews the current state of the art in automated forming processes, their limitations and variables that affect performance in the production of large scale components. In particular the paper will focus on the application of force and heat within secondary forming processes. It will then review the effects of these variables against the structure of the required composite component and identify viability of the technology. Through this, an understanding of the key criteria involved in the forming of composite aerospace components can be utilised to better inform improved manufacturing processes and capabilities